This article discusses why online pre-votes before an AGM are invalid and don’t count toward quorum under the Owners Corporation Act 2006.
Question: Are online pre-votes before an AGM valid, and do they count towards quorum under the Act?
Our AGM had no physical attendees. Are online pre-votes before the AGM deemed valid? Do these votes count towards the quorum under section 90 of the Owners Corporation Act 2006? The Act states that resolutions of the owners corporation may be made either at a meeting or by ballot, not a combination of both. Opinions of the owners, the committee and the owners corporation manager differ. What is correct?
Answer: The Act only provides two ways to vote: at a meeting or by ballot. You cannot do both.
You are correct. The Act provides only two ways to vote: at a meeting or by ballot. You cannot do both. It is not possible to vote online before the meeting, and these votes will not count towards the quorum. A quorum is defined as members present either in person (including by phone or video) or by proxy.
The only way around this would be for a lot owner to fill out a proxy form that directed their proxy on how to vote. Even then, the proxy still needs to attend the meeting.
Alex Smale
Melbourne Owners Corporation Services
alex@mocs.com.au
P: 03 9818 2488
This post appears in the October 2025 edition of The VIC Strata Magazine.
Have a question or something to add to the article? Leave a comment below.
Read next:
- VIC: Owners Corporations Blog- Voting at Meetings- Ordinary Resolutions
- VIC: Q&As Holding Proxies and Majority Owners – Voting, Conflicts
- VIC: Q&A Voting on Motions at the Owners Corporation Meeting
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